In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-283V 

Filed: November 20, 2015 

Unpublished 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

RITA GLYNN, * 

 * 

 Petitioner, * Damages Decision Based on Proffer; 

 * Tetanus-Diphtheria-acellular Pertussis 

 * (“Tdap”) Vaccine; Shoulder Injury 

SECRETARY OF HEALTH * Related to Vaccine Administration 

AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit 

 Respondent. * (“SPU”) 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Randall G. Knutson, Knutson and Casey Law Firm, Mankato, MN, for petitioner. 

Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master: 

 On March 19, 2015, petitioner, Rita Glynn, filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 [the 

“Vaccine Act” or “Program”]. Petitioner alleges that as a result of a tetanus-diphtheriaacellular pertussis [“Tdap”] vaccination on April 30, 2012, she suffered brachial neuritis, 

an impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned 

to the Special Processing Unit of the Office of Special Masters. 

On June 1, 2015, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On 

November 20, 2015, respondent filed a proffer on award of compensation [“Proffer”] 

indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, 

respondent represented that petitioner agrees with the proffered award. Based on the 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2

record as a whole, the undersigned finds that petitioner is entitled to an award as stated 

in the Proffer. 

 Pursuant to the terms stated in the attached Proffer, the undersigned awards 

petitioner a lump sum payment of $75,000.00 in the form of a check payable to 

petitioner, Rita Glynn. This amount represents compensation for all damages that 

would be available under § 300aa-15(a). 

The clerk of the court is directed to enter judgment in accordance with this 

decision.3 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

RITA GLYNN, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent.

 No. 15-283V

 Chief Special Master Dorsey

 ECF

PROFFER ON AWARD OF COMPENSATION

On March 19, 2015, Rita Glynn (“petitioner”) filed a petition for compensation (“Petition”) 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine 

Act” or “Act”), as amended. The Petition alleges that petitioner received a tetanus-diphtheriaacellular pertussis (“Tdap”) vaccine in her left shoulder on April 30, 2012, and subsequently 

suffered brachial neuritis, impingement syndrome, and frozen shoulder, as a result of the 

vaccination. Respondent’s Rule 4(c) Report, filed on June 1, 2015, conceded that petitioner is 

entitled to compensation in this case because her alleged injury is consistent with a shoulder injury 

related to vaccine administration (“SIRVA”), no other cause for her condition has been identified, 

and she has suffered the residual effects of her condition for more than six months. In light of 

respondent’s concession, on June 21, 2015, the Chief Special Master found petitioner entitled to 

compensation. 

I. Items of Compensation 

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$75,000.00, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 1 of 2
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II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $75,000.00 in the form of a check payable to petitioner.1 

Petitioner agrees. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

LYNN E. RICCIARDELLA

Senior Trial Attorney

Torts Branch, Civil Division

 s/ Jennifer L. Reynaud 

JENNIFER L. REYNAUD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 305-1586

Date: November 20, 2015

 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court 

for appropriate relief. In particular, respondent would oppose any award for future medical 

expenses, future pain and suffering, and future lost wages.

Case 1:15-vv-00283-UNJ Document 21 Filed 11/20/15 Page 2 of 2